COMMONWEALTH v. JONES


362 Mass. 83 (1972)

283 N.E.2d 840

COMMONWEALTH vs. OTIS JONES, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

June 5, 1972.


Attorney(s) appearing for the Case

Maurice F. Ford for the defendant.

Gerald F. Muldoon, Assistant District Attorney (Daniel C. Mullane with him) for the Commonwealth.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & HENNESSEY, JJ.


TAURO, C.J.

The defendant appeals under G.L.c. 278, §§ 33A-33G, from convictions on two indictments each charging an unarmed robbery. G.L.c. 265, § 19. He assigns as error the refusal of the judge to direct verdicts on so much of the indictments as charged unarmed robbery, on the basis that the evidence in each case disclosed at most larceny and not robbery.

The pertinent evidence was as follows: On the evening of December 14, 1970, at approximately...

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